Krishnanendu (Employee) 11 September 2024

Can i get punished for extra marital affair under 498a

Hi,

I was having an Extra Marital Affair for couple of months. My wife got to know about it and she has all the proofs of it. My wife has filed some complaint and I got a call from CAW cell. In my first meeting they only asked me Why she left my home and when I asked what is the complaint about, CAW stated its EMA but there might be some violence. I never had any kind of violence with my wife. Which means that officer was not sure if any other complaint filed, they called me again for counselling session. My concern is

If there is no violence then why CAW is called me and looking into it
If i admit there was EMA, will I get punished direclty under 498a without anything else
If wife later states that EMA resulted in mental cruelty, then how can I defend that there was no cruelty from my end, mental is difficult to prove so.

Thanks in advance

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2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 11 September 2024

In India, Section 498A of the Indian Penal Code (IPC) deals with cruelty to a wife by her husband or his relatives. While it doesn't specifically address extra-marital affairs, it does mention "cruelty" which can be interpreted broadly. If your extra-marital affair leads to: 1. Physical or mental cruelty to your spouse 2. Harassment or threats 3. Demand for dowry or other property Then, your spouse may file a complaint under Section 498A against you. However, the focus would be on the cruelty or harassment aspect, not solely on the extra-marital affair itself. Additionally, if your spouse files a divorce petition, they may use your extra-marital affair as grounds for divorce under Section 13(1)(i) of the Hindu Marriage Act, 1955 (or equivalent provisions in other personal laws). To avoid any potential legal issues: 1. Be honest with your spouse about your actions 2. Seek counseling or therapy to address relationship issues 3. Consider the consequences of your actions on your marriage and loved ones 4. Consult a lawyer if you face any legal proceedings Remember, honesty and communication are crucial in resolving relationship issues.

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T. Kalaiselvan, Advocate (Advocate) 11 September 2024

The extra marital affairs is no more a ciome under criminal laws in India.

If she has given a complaint for any other acts of cruelty and if the police is stubborn on their own ideology in this regard, you may better take a lawyer with you to handle them or file an anticipatory bail and challenge the same in court of law